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1990-10-02 Council minutesPage No. 2910 October 2, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the August 21st budget workshop. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Hartmann Councilmember Hartmann moved approval of the minutes of the September 4th regular meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved approval of the minutes of the September 18th meeting with correction. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Cummins CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for September. b. Acknowledgment of the draft minutes of the September 25th Planning Commission meeting. Page No. 2911 October 2, 1990 c. Adoption of resolution No. 90-71, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 9TH ADDITION." d. Acknowledgement of a letter from Mr. & Mrs. Marc Battistini, 2069 Delaware Avenue, requesting City support for a reduction of the speed limit on Delaware Avenue, and direction to staff to forward the request to the appropriate governing agency. e. Acknowledgment of an update on City Hall building drainage problems. f. Authorization for reimbursement of up to $300 to Russ Wahl for conducting the Halloween Bonfire, subject to permission from the Mendota Plaza owner, along with direction to staff to acquire insurance endorsement and burning permit. g. Approval of the list of contractor licenses dated October 2, 1990 and attached hereto. h. Approval of the list of claims dated October 2, 1990 and totalling $160,768.91. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Brian Birch was present to request approval to sell Christmas trees from his lot located on Freeway Road. He informed Council that he is the director of a ministry/relief effort called Project Increase. One member of his group will donate trees and that Mr. Birch would like to sell the trees from Thanksgiving to Christmas. Administrator Lawell informed Council that the current City zoning ordinance prohibits open lot sales. Councilmember Anderson expressed concern over traffic, safety, and other issues. Staff was directed to prepare a report for Council review on October 16th. CASE NO. 90-24, Administrator Lawell informed Council that Councilmember Cummins moved to waive the required hearing and approve the wetlands permit according to a site plan dated September 6, 1990, with the condition of staff approval that proper erosion control methods are followed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90-33, SOLEM Administrative Assistant Batchelder reviewed an application from Mr. Brian Solem for a seven foot sideyard setback variance to allow him to replace an existing accessory structure at 1870 Valley Curve Road with a third garage stall to be attached to his existing garage. Councilmember Blesener moved to approve a seven foot sideyard setback variance to allow construction of a third stall garage addition at 1870 Valley Curve Road. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Page No. 2912 October 2, 1990 J.A. HOMES J.A. Homes has requested a continuation of the hearing on their planning application to December 4th. He further informed Council that he was informed today that J.A. would like to withdraw its application and start over again. Councilmember Cummins suggested that the matter be laid over to December 4th or until the applicant notifies the City in writing of their withdrawal. Councilmember Cummins moved to continue the hearing on the J.A. Homes application to December 4th. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90-34, Dr. Jerry Wildenauer was present to request WILDENAUER approval of a wetlands permit to allow construction of a home on Lot 2, Block 1, The Ponds of Mendota Heights. He explained that he would like to build a home on the east side of Warrior Pond, 70 feet from the wetlands, construct a deck on the home 14 feet closer to the wetlands, and construct a small retaining wall. Councilmember Cummins moved to waive the required hearing and approve the wetlands permit according to a site plan dated September 6, 1990, with the condition of staff approval that proper erosion control methods are followed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90-33, SOLEM Administrative Assistant Batchelder reviewed an application from Mr. Brian Solem for a seven foot sideyard setback variance to allow him to replace an existing accessory structure at 1870 Valley Curve Road with a third garage stall to be attached to his existing garage. Councilmember Blesener moved to approve a seven foot sideyard setback variance to allow construction of a third stall garage addition at 1870 Valley Curve Road. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Page No. 2913 October 2, 1990 CASE NO. 90-32, Councilmember Hartmann moved approval of a IVERSON 14 foot variance from the existing front yard setback for Mr. Greg Iverson for Lot 1, Kladis' First Addition to allow construction of a home 30 feet from the front lot line, in accordance with the site plan submitted with the planning application. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - FURLONG Mayor Mertensotto opened the meeting for the AREA IMPROVEMENTS purpose of a public hearing on proposed sanitary sewer, water, storm sewer and street reconstruction where necessary in the Furlong Addition and surrounding areas. Council acknowledged the feasibility report for the proposed improvements. Council also acknowledged letters from Mr. Odell Ostertag regarding concerns over the project and from Mr. Jim Frazier inquiring about the possibility of City acquisition of his parents' property at 1280 Lakeview. Mayor Mertensotto informed the audience that the proposed project was initiated by a petition from 60% of the property owners in the Furlong Addition. Engineer Klayton Eckles reviewed the feasibility report for the Council and the audience. He stated that the project area includes the area known as the T.H. 55 corridor, and that the project includes sewer, water, storm sewer and minor street improvement. The total project is estimated to cost $1.77 million, and would serve 35 single family homes with sewer, water and storm sewer and 20 acres of commercial property with storm sewer. Funding would come from the Tax Increment District ($482,800), assessments ($643,700), and Mn/DOT cost sharing for storm sewer ($40,500). Proposed sanitary sewer assessment rates are $6,150 per unit in the Furlong Addition and $4,000 per acre for the commercial property. Tax increment subsidy is proposed for both commercial and residential property. Water would be extended from Rogers Road at Mendota Heights Road to Acacia Boulevard. Tax increment financing is proposed to be used because of the need for looping the water system. Affected commercial properties are proposed to be assessed $4,000 per acre. Page No. 2914 October 2, 1990 Residential property, including two homes on Rogers Road, are proposed to be assessed $3,100 per unit, including sewer and water services to the property line. The property owners would be responsible for bringing the utilities from the service to their homes. Costs could be anywhere from $1,500 to $5,000 for connecting from the service to the house. Storm sewer would be extended from Enterprise Drive across the Mn /DOT property to Lemay Lake, and a level control would be provided for the lake. The state will share the cost of the storm sewer (25% of total cost). The assessment rate would be $1,100 per acre, with residential properties being assessed about $350 for a standard size lot. For the cemetery property which cannot be assessed, TIF funding would be used. With respect to hooking up to the utilities, Mr. Eckles informed the audience that there are laws which govern hooking up to sanitary sewer, and that the MWCC set a requirement that residences must be connected to sanitary sewer lines within two years after sewer becomes available. In certain circumstances, such as where existing septic systems are functioning properly, Council can review the cases on an individual basis and it might be possible to get an extension. City ordinances require connection within one year after sewer becomes available. He informed the residents that there is no requirement that they connect to City water, but that if they have wells that are polluted or non - functioning, the County might require either well repair or water connection. Responding to a question from Mayor Mertensotto, Mr. Eckles stated that the cost for connecting from the service to a home depends on the existing well and septic systems. If a septic system is close to the street and only a short hook -up to the City system is necessary, the cost will be moderate. If it is necessary to cap a well or if the septic system is at the back of the lot, the connection costs will be higher. He stated that $1,500 to $2,500 well capping costs are possible. He stated that if a well is functional and the County does not direct that it be capped, a resident could keep the well in service. Page No. 2915 October 2, 1990 Treasurer Shaughnessy explained that there will be an additional cost of $625 imposed by the MWCC as a Sewer Availability Charge, and a $200 City Water Availability Charge. Councilmember Blesener pointed out that it has been a City practice to upgrade streets to urban design when utility projects are installed. She asked why this is not proposed. Mr. Eckles responded that to upgrade the streets to urban design with concrete curb and gutter would cost approximately $6,000, and that the storm sewer currently proposed is a trunk charge ($0.025 per square foot assessment) for an open ditch system to provide an outlet for Lake Lemay. He stated that it is proposed that streets be constructed similar to the 1960's, where they would just be restored to 22 feet wide, with 611 of rock and 211 of blacktop - a rural section. He pointed out that the cost of street reconstruction is included in the sanitary sewer assessment calculations. Responding to an audience question with respect to homeowner costs to collapse drain fields and septic tanks, Mr. Eckles stated that he would estimate $5,000 per unit for interior plumbing changes, filling, pumping and compacting of septic tanks. Councilmember Anderson pointed out that by constructing the project the two City-owned homes in the Furlong area will become saleable and that their sale should nearly pay for the $170,000 in contemplated TIF contribution. Councilmember Cummins asked Mr. Eckles to clarify the direct cost to the homeowners for utility connection. Mr. Eckles responded that he estimates that, aside from assessments, a typical cost will be $5,000, which would include running pipe from the street to the house, WAC, SAC and an average well-capping cost. Mr. Guyer stated that his only concern is that some people have houses that are worth $50,000 and others have $100,000 to $150,000 properties but both will pay the same assessment. He felt that this is unfair. Page No. 2916 October 2, 1990 Councilmember Anderson stated that it is a given in improvement projects that there are different valued homes and assessments are never based on the value of the home. Mayor Mertensotto stated that what Council must look at is that every home pays the same amount to have sewer and water and that assessing cannot be done on the basis of the value of the home. Mr. Eckles informed the audience that sanitary sewer, water and storm sewer assessments would be certified for collection over a 19 year period with simple interest of probably 80 or less. Mayor Mertensotto stated that if Council chooses to go ahead with the project it would be appropriate to conduct an assessment hearing up front, immediately after bids are received, because then all costs would be known, except perhaps the.cost of easements needed from private property owners. The residents would then know what their assessment would be before the project was constructed. Councilmember Hartmann suggested that there is grant money available from the Dakota County H.R.A. He suggested that the City should request the HRA to do an area survey. Individual surveys would then be done, and it could be possible, depending on the income of people applying for grants, that the HRA would pay the assessments. Mayor Mertensotto asked for further questions and comments from the audience. The owner of George's Golf Tee asked why the report shows his property drains east when in fact it drains west. Responding to a question from Bernard Biessener, Mr. Eckles stated that his estimates were prepared on the assumption that the utilities would need to be trenched under the railroad tracks but that if it is not necessary to jack under the tracks, the costs will be reduced. He further responded that it would be less costly to install the improvements if the project is done in concert Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Blesener Cummins Page No. 2917 October 2, 1990 with T.H. 55 upgrading, but timing of the upgrading is not currently known. Responding to a comment from an audience member, Mayor Mertensotto directed that Mr. Eckles pursue with NSP the possibility that gas lines be installed into the Furlong Area at the same time as the utilities are installed. There being no further questions or comments, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Anderson moved adoption of Resolution No. 90 -72, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, AND STORM SEWERS IMPROVEMENTS TO SERVE FURLONG NEIGHBORHOOD AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4)." Councilmember Hartmann seconded the motion. Mayor Mertensotto informed the audience that the Council action does not start the project except to direct staff to prepare the plans and specifications, which if approved, would be used to go out to bid. If bids are requested, Council would call for an assessment hearing before ordering the project so that the residents would know what costs they would be facing. Mr. Eckles stated that if the project is ordered, it could be completed in October, 1991. Council discussed the letters received from Mr. & Mrs. Ostertag and Mr. Frazier. Administrator Lawell informed Council that the Fraziers are interested in finding out if the City is interested in buying the Norman Frazier property, and that in view of the death of Mr. Frazier, Mrs. Frazier will have to sell her home. He informed Council that he spoke with Jim Frazier this evening and indicated that the last action Council had taken was to indicate there would be no City Page No. 2918 October 2, 1990 purchases, but that the family has asked that the request be given to Council. Councilmember Anderson stated that purchase of the home would be contrary to policy established by the council in January. It was the consensus of Council that Mr. Lawell be directed to prepare a response informing the Fraziers that it is Council's hope that the proposed improvements will make the property saleable but that the City has no interest in purchasing the property. HEARING - CASE NO. 90- Mayor Mertensotto opened the meeting for the 31, EFH COMPANY purpose of a public hearing on an application (BATESVILLE) from the EFH Company for a Comprehensive Plan Amendment and Rezoning from B-1A to Industrial to allow construction of the Batesville Casket Company's office warehouse facility at the corner of Mendota Heights Road, Highway 55 and Rogers Road. Council acknowledged a report from the Public Works Director and Administrative Assistant. Mr. Gene Haape, from EFH, informed Council that the proposed site, the former Perron property, is a totally different site from those discussed with Council in the past and that the building design is different as well. The building exterior is proposed to be exposed aggregate (finished panel) in its natural color. The building site was changed because of a soil problem on the original site. Mayor Mertensotto expressed concern over whether the "I" zoning would be compatible with the surrounding area. Assistant Batchelder stated that the adjacent property to the east is zoned industrial (3M, Esslinger Company and School District Bus Garage sites). The project architect stated that the proposed use does not fit a B-1A district and that it is proposed to construct an office/ distribution center building. He stated that there will be extensive landscaping and berming for the 30,000 square foot building. He showed the Council topographic information, the site plan and building elevation. The east and north sides of the building will be broken up with landscaping and trees; the concept is to shield the building by virtue of Page No. 2919 October 2, 1990 its depth into the hill and to provide landscaping and berming for the four loading docks. Six trucks will operate out of the building; there will be four short wheelbase trucks outside, and there will be eight people per day in the facility. Council discussed the parking proposed, and it was suggested that 23 stalls be blacktopped now and an area for ten additional stalls be set aside as green space until such time as a building addition occurs. Mayor Mertensotto stated that the firm would have to dedicate the required spaces but could have an agreement with the City to reduce the number of blacktopped stalls with the remainder to be set aside in green space until such time as the use changes or an addition occurs. Responding to a question from Councilmember Blesener over the timing of frontage road construction, Public Works Director Danielson stated that it is in place and will be ultimately extended into the short stub of frontage road constructed across the street. Mr. Haape stated that they will be discussing with Mn/DOT the possibility of filling in the small piece of property and landscaping it for screening. The project architect stated that a sign has been designed, a 5 to 6 foot monument ground sign, and will be of the same material as the building exterior. The building will be precast panel aggregate, and the color of the trim band will correspond with the aggregate and windows to provide a shadow box affect at the corners. The sign is proposed to be green and the building will be earthtones, however the colors have not been selected yet. Councilmember Blesener stated that when Council approves the building permit it will need more information on colors. Mayor Mertensotto ' asked for questions and comments from the audience. Councilmember Blesener pointed out that the Planning Commission recommendation for approval was contingent on staff approval of a noise pollution abatement plan and detailed Page No. 2920 October 2, 1990 lighting plan. She asked what the noise pollution issue is. Mr. Haape stated that he will work with the City staff, and that the noise pollution issue is related to the trucks and has been addressed in the plan before Council showing berming, etc. With respect to lighting, ground lighting had been proposed to light the entrance of the building and on the service area walls, but that he has agreed to install all downlighting to light the parking area. The Planning Commission had been concerned over leaving the lights on over night. Mayor Mertensotto asked if the applicants would be satisfied with Council approvals if Council withholds the building permit until the building materials and color have been determined and more detail on the landscaping plan is available. Mr. Haape stated that he would like to begin excavation in a week. Councilmember Cummins stated that Council could grant a building permit conditioned upon Council approval of the colors. Councilmember Blesener suggested that as long as the colors are within the earth tone range, the permit approval could be put on the next consent calendar. Mayor Mertensotto suggested that approval could be conditioned upon the exterior color scheme being precast exposed aggregate panels in earthtone colors, which would preclude a green band. Mrs. Mary Gauw asked if there is any buffer zone between the property and Rogers Road, stating that she lives across Rogers Road. She also asked about lighting. The project architect stated that there will be a 2 to 3 foot berm along the road and heavy landscaping and burying of the building. As much existing vegetation as possible will be left, and as much sumac as possible will be conserved. He suggested that Mrs. Gauw meet with the landscape architect. Mr. Haape stated that white light will be used, as has been requested, and the lighting is confined to the lot's blacktopping. Page No. 2921 October 2, 1990 There being no further questions or comments, Councilmember Anderson moved that the hearing Councilmember Blesener asked whether the City would be doing anything to improve the crossing at the intersection. Public Works Director Danielson responded that Mn /DOT has agreed to cross -hatch a pedestrian crossing, and staff will do what it can to get Mn /DOT out soon to make the improvements. be closed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 90 -73, "RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT." Councilmember Blesener seconded the motion. Ayes:.5 Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 271, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the subject property from B -1A to I. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 90 -74, "RESOLUTION APPROVING THE SITE PLAN AND AUTHORIZING STAFF TO ISSUE THE BUILDING PERMIT TO EFH /BATESVILLE CASKET," subject to two conditions in addition to those stated in the resolution - that the applicant submit a material specification on the vertical concrete panels and exterior tones, (the materials to be employed in the exterior color scheme of the building be earthtones, exclusive of red.or green), and subject to the applicant entering into a developer's agreement with the City to maintain less than the required number of parking spaces. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 BIKE TRAIL Council acknowledged a report from Engineer Klayton Eckles regarding the concern over the Dodd Road /T.H. 110 bike trail. Mr. Eckles discussed the four possible ways of making the situation safer, including moving Dodd Road west, widening the shoulder to move the trail east, moving the trail to another location, and improving the trail in its existing location. Councilmember Blesener asked whether the City would be doing anything to improve the crossing at the intersection. Public Works Director Danielson responded that Mn /DOT has agreed to cross -hatch a pedestrian crossing, and staff will do what it can to get Mn /DOT out soon to make the improvements. Page No. 2922 October 2, 1990 Councilmember Blesener moved to direct staff to proceed with the improvement of the trail in its existing location, including eliminating the hazardous culvert and replace it with a catchbasin, plus trail widening, at a cost of approiximately $10,000. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK UPDATE Public Works Director Danielson gave the Council an update on the Sibley comfort station progress. Mayor Mertensotto asked about seeding of the ball fields. Mr. Danielson responded that the contractor has seeded the baseball field and some of the softball fields. Administrator Lawell recommended that the City do as much irrigating as possible. He pointed out that the contractor will be required to re-seed in the spring if the seeding is not satisfactory. Councilmember Blesener stated that if the City decides to go to sod, she thinks more price quotes should be solicited. Administrator Lawell stated that if sodding were done it would be a credit on the contract and a new contractor who gets the bid would be liable for the sod work. Councilmember Hartmann stated that he is concerned that even if sodding is done this late the probability that it will be in suitable condition for school use in the spring is questionable. Councilmember Cummins suggested that since the other two fields have been seeded, the City should take a chance and have the soccer field seeded tomorrow. Public Works Director Danielson gave Council a status report on the GMH contracts, stating that one contract is completed and the other two are not. He pointed out that the contractor has not had a full crew working on the contracts each day. COUNCIL COMMENTS Councilmember Anderson informed Council that he will be out of town on October 16th and will miss the Council meeting. Page No. 2923 October 2, 1990 Councilmember Blesener asked staff to explore the possibility of purchasing a lapel microphone for the Council Chambers. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:03 o'clock P.M. A27 K/athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor